(1) No person shall make, manufacture, repair or sell any weight or measure unless he holds a valid licence issued in this behalf by the Controller authorising such person to do so:
Provided that a person who bona fide repairs In his premises any weight or measure owned by him shall not be required to take out a licence referred to in this sub-section if he, in the opinion of the Controller,—
(a) has the technical competence and the necessary equipment to repair such weight or measure, or
(b) having the necessary equipment for the repair of such weight or measure in his possession, has persons in his employment who have the technical competence to repair such weight or measure.
SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 39
(2) Every licence issued under this section—-
(a) shall be in such form as may be prescribed,
(b) shall be issued on payment of such fees as may be prescribed,
(c) shall be valid for such period ag may be specified therein.
(d) may be renewed from time to time, and
(e) may contain such conditions and restrictions as may be prescribed.
6 of 1961.
(3) Every licence issued under the Laccadive, Minicoy and Amindivi Islands Weights and Measures (Enforcement) Regulation, 1961, shall, if in force immediately before the commencement of this Regulation, continue to be in forco until the expiry of the period of its validity or until the cancellation thereof, whichever is earlier, and may be renewed under this Regulation if an application for its renewal is made in the prescribed form at least one month before the expiry of the period of its validity.
(4) A person who intends to commence, after the commencement of this Regulation, business as a maker, manufacturer, repairer or seller of any weight or measure, shall make an application in such f.irm as may be prescribed, for the issue of a licence and every licence so issued may be renewed if an application for its renewal is made in the prescribed form at least one month before the expiry of the period of its validity.
(5) The Controller may, if he is satisfied that the maker, manufacturer, repairer or seller, as the case may be, of any weight or measure was prevented by sufficient cause from making application for the renewal of his licence before the expiry of the period specified in subsection (4) or before the expiry of the period 'of the validity thereof, permit him to make the application within a further period of one month from the date of expiry of either of the sr:iid periods on payment by him of such further fee, not exceeding the fee which is payable for the issue of the licence.
(6) On receipt of an application for the issue of a licence under this section, the Controller may, if he is satisfied, after making such inquiry as he may think fit, that the applicant fulfils the prescribed conditions, issue such licence:
Provided that no application for the issue of a licence shall be rejected unless the applicant has boen given a reasonable opportunity of making representation against the proposed action.
(7) No application for the renewal of a licence issued under this section shall be rejected unless—
(a) the holder thereof has been given a reasonable opportunity of showing cause against the proposed action, and
(b) the controller is satisfied that—
(i) the application has not been made within the time specified in this section, or 40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(ii) the applicant has made any statement in, or in relation to, the application for the issue or renewal of the licence which is incorrect or false in any material particular, or
(in) the applicant has contravened any provision of the Central Act or any rule made thereunder or of this Regulation or any rule made thereunder.
(8) The Controller may require every repairer licensed under this Regulation to furnish to the Administrator security for such sum not exceeding two thousand rupees, as may be prescribed, to enable the Administrator to compensate any owner of weight or measure for any loss or damage occasioned by such repairer.
(9) Nothing in this section shall apply to the sale by a user (who is not a maker, manufacturer, dealer or repairer) of any weight or measure of such description as may be prescribed.
(10) Every licence issued or renewed under this Regulation shall be displayed in a conspicuous place in the premises where the licensee carries 'on his business.
Suspension and cancellation of licence.
17, (1) The Controller may, if he has any reasonable cause to believe that the holder of any licence issued, renewed or continued under this Regulation has made any statement in, or in relation to, any application for the issue or renewal of the licence which is incorrect or false in any material particular or has contravened any provision of the Central Act or any rule made thereunder or of this Regulation or any rule made thereunder, suspend such licence pending the completion of any inquiry or trial against the Holder of such licence:
Provided that no such licence shall be suspended unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action.
(2) The Controller may, if he is satisfied after making such inquiry as he may think fit that the holder 'of a licence has made a false or incorrect statement of the nature referred to in sub-section (1), or has contravened any law referred to in that sub-section, cancel such licence:
Provided that no such licence shall be cancelled unless the holder thereof has been given a -easonable opportunity 'of showing cause against the proposed action.
(3) Every licensee whose licence has been suspended shall, immediately after such suspension, stop functioning as such licensee and shall not resume business as such licensee until the order of such suspension hag been vacated.
(4) Every licensee whose licence has been suspended or cancelled shall immediately after such, suspension or cancellation, as the case may be, surrender such licence to the authority by which such Hcence v/as issued.
SEC. 1] THE GAZETTE OF INt>IA EXTRAORDINARY 41
(5) Every licensee whose licence has been cancelled shall, within a period of thirty days from the date of such cancellation (or within such further period, not exceeding three months from such date, as the Controller may on sufficient cause being shown, allow) dispose of the weights or measures which were in his possession, custody or control on the date of such cancellation, and in the event of his failure to do so, the Controller ior any other officer authorised by him, in writing, in this behalf may seize and dispose of the same and distribute the proceeds thereof in such manner as may be prescribed.
18. Save as otherwise provided in the Central Act, no person shall—
(a) make or manufacture any weight 'or measure unless such weight or measure conforms to the standards established by or under the Central Act;
(b) make or manufacture any weight or measure with indications thereon of any weight or measure other than the units specified by or under the Central Act.
Manufacture of weights or measures.
19. No weight or measure which is required by or under this Regulation to be verified and stamped shall be sold, used or kept for use unless it has been verified and stamped.
Prohibition of 9a]e or use of unstamped weights o r measures.